Senate Bill S3182

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 3182                                                  A. 4479
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed,  and  when  printed  to  be  committed  to  the Committee on Crime
   Victims, Crime and Correction
 
 IN ASSEMBLY -- Introduced by M. of A. THIELE, RAIA,  GOTTFRIED  --  read
   once and referred to the Committee on Correction

 AN ACT to amend the correction law, in relation to required notification
   by school districts of sex offender residence; and to amend the educa-
   tion law, in relation to apportionment to school districts for certain
   expenses related to sex offender notification
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (b) and (c) of subdivision 6 of section 168-l of
 the correction law, paragraph (b) as amended by chapter 513 of the  laws
 of  2011 and paragraph (c) as separately amended by chapters 318 and 680
 of the laws of 2005, are amended to read as follows:
   (b) If the risk of repeat offense is moderate, a level two designation
 shall be given to such sex offender. In such case  the  law  enforcement
 agency or agencies having jurisdiction and the law enforcement agency or
 agencies  having  had  jurisdiction at the time of his or her conviction
 shall be notified and may disseminate relevant information  which  shall
 include  a  photograph  and  description  of  the offender and which may
 include the exact name and any aliases used by the sex  offender,  exact
 address,  background  information  including  the  offender's  crime  of
 conviction, mode of operation, type of victim  targeted,  the  name  and
 address of any institution of higher education at which the sex offender
 is  enrolled,  attends,  is  employed  or resides and the description of
 special conditions imposed on the offender to any entity with vulnerable
 populations related to the nature of the offense committed by  such  sex
 offender.  Any  entity  receiving  information  on  a  sex  offender may
 disclose or further disseminate  such  information  at  its  discretion,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03162-01-9

 S. 3182                             2                            A. 4479
 
 PROVIDED,  HOWEVER, THAT SCHOOL DISTRICTS, UPON RECEIPT OF SUCH INFORMA-
 TION BY THE DISTRICT SUPERINTENDENT OR CHIEF SCHOOL ADMINISTRATOR, SHALL
 DISSEMINATE SUCH INFORMATION  TO  THE  PERSON  OR  PERSONS  IN  PARENTAL
 RELATION,  AS DEFINED IN SUBDIVISION TEN OF SECTION TWO OF THE EDUCATION
 LAW, OF EACH OF ITS STUDENTS WITHIN SUCH SCHOOL DISTRICT.  In  addition,
 in  such  case, the information described [herein] IN THIS SECTION shall
 also be provided in the subdirectory established  in  this  article  and
 notwithstanding any other provision of law, such information shall, upon
 request, be made available to the public.
   Such  law  enforcement  agencies  shall compile, maintain and update a
 listing of vulnerable organizational entities within  its  jurisdiction.
 Such listing shall be utilized for notification of such organizations in
 disseminating  such  information  on level two sex offenders pursuant to
 this paragraph. Such listing  shall  include  and  not  be  limited  to:
 superintendents  of  schools or chief school administrators, superinten-
 dents of parks, public and private libraries, public and private  school
 bus  transportation  companies,  day care centers, nursery schools, pre-
 schools, neighborhood watch groups,  community  centers,  civic  associ-
 ations, nursing homes, victim's advocacy groups and places of worship.
   (c) If the risk of repeat offense is high and there exists a threat to
 the  public  safety a level three designation shall be given to such sex
 offender. In such case, the law enforcement agency  or  agencies  having
 jurisdiction  and  the  law  enforcement  agency  or agencies having had
 jurisdiction at the time of his or her conviction shall be notified  and
 may  disseminate  relevant  information which shall include a photograph
 and description of the offender and which may include the sex offender's
 exact name and any aliases used by the offender, exact address,  address
 of  the offender's place of employment, background information including
 the offender's crime of conviction, mode of operation,  type  of  victim
 targeted, the name and address of any institution of higher education at
 which  the sex offender is enrolled, attends, is employed or resides and
 the description of special conditions imposed on  the  offender  to  any
 entity  with vulnerable populations related to the nature of the offense
 committed by such sex offender. Any entity receiving  information  on  a
 sex offender may disclose or further disseminate such information at its
 discretion,  PROVIDED,  HOWEVER,  THAT SCHOOL DISTRICTS, UPON RECEIPT OF
 SUCH INFORMATION BY THE DISTRICT SUPERINTENDENT OR CHIEF SCHOOL ADMINIS-
 TRATOR, SHALL DISSEMINATE SUCH INFORMATION TO THE PERSON OR  PERSONS  IN
 PARENTAL  RELATION,  AS DEFINED IN SUBDIVISION TEN OF SECTION TWO OF THE
 EDUCATION LAW, OF EACH OF ITS STUDENTS WITHIN SUCH SCHOOL  DISTRICT.  In
 addition,  in  such  case,  the  information  described [herein] IN THIS
 SECTION shall also be provided in the subdirectory established  in  this
 article and notwithstanding any other provision of law, such information
 shall, upon request, be made available to the public.
   Such  law  enforcement  agencies  shall compile, maintain and update a
 listing of vulnerable organizational entities within  its  jurisdiction.
 Such listing shall be utilized for notification of such organizations in
 disseminating  such information on level three sex offenders pursuant to
 this paragraph. Such listing  shall  include  and  not  be  limited  to:
 superintendents  of  schools or chief school administrators, superinten-
 dents of parks, public and private libraries, public and private  school
 bus  transportation  companies,  day care centers, nursery schools, pre-
 schools, neighborhood watch groups,  community  centers,  civic  associ-
 ations, nursing homes, victim's advocacy groups and places of worship.
   § 2. The education law is amended by adding a new section 3605 to read
 as follows:

 S. 3182                             3                            A. 4479
 
   §  3605.  APPORTIONMENT FOR CERTAIN MAILING EXPENSES. THE COMMISSIONER
 SHALL APPORTION FUNDS TO REIMBURSE SCHOOL DISTRICTS FOR MONIES  EXPENDED
 IN THE MAILING OF NOTICES TO THE PERSON OR PERSONS IN PARENTAL RELATION,
 AS DEFINED IN SUBDIVISION TEN OF SECTION TWO OF THIS CHAPTER, OF EACH OF
 ITS  STUDENTS  REGARDING THE PRESENCE OF REGISTERED SEX OFFENDERS WITHIN
 SUCH SCHOOL DISTRICTS.
   § 3. This act shall take effect on the first of July  next  succeeding
 the  date  on  which  it  shall  have  become  a law, and shall apply to
 expenses incurred by school districts after such effective date.